Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This action is responsive to the application 18/409,849 filed on January 11, 2024. Claims 1-51 are pending.
Claim Objections
Claims 5, 10, 14, 16-19, 21, 23, 28, 35-36, 41, 43, 47, 49, 51 are objected to because of the following informalities:
Claims 5, 17-19, 21 recite “the multiple devices”, Examiner assumes that this limitation refers to “multiple mobile client devices” which is consistent with the prior recitation “a method for use with multiple mobile client devices…” of the claim 1. Thus, Examiner suggests to amend as “the multiple mobile client devices” or “the multiple client devices”.
Claim 10 recites “wherein the server device is …communicates based on, or according to, using TCP/IP protocol or connection”; the phrase “based on, or according to, using” is awkwardly worded and could be simplified to avoid ambiguity.
Claim 14 recites “the IP address of the respective selected client device”, Examiner suggests to amend as “the IP address of the respective selected first or second client device”.
Claims 16, 23 recite “wherein a communication with the server device is based on, or according to, …” and “wherein a communication by the server device with the first device…is based on, or according to, …”; the phrase “based on, or according to” is awkwardly worded and could be simplified to avoid ambiguity.
Claim 18 recites “the method according to claim 1…and wherein the storing is in response to the receiving of the communication initiated by each of the client devices…”, Examiner suggests to amend as “the method according to claim 17…” because the storing step of claim 18 is performed in response to the receiving step of claim 17.
Claims 28, 35-36, 43 recite “comprises, or is based on, …”; “consists of, or comprises …”; and “comprises, or consists of…”. Thus, those phrases are awkwardly worded and could be simplified to avoid ambiguity.
Claim 41 recites “the quickest to respond to queries”, Examiner suggests to amend as “a quickest to respond to queries”.
Claim 47 recites “wherein the consumer communication device… based on, or according to, …”; the phrase “based on, or according to” is awkwardly worded and could be simplified to avoid ambiguity.
Claim 49 recites “wherein the determining is… according to, or based on, IETF RFC 2616”; the phrase “according to, or based on” is awkwardly worded and could be simplified to avoid ambiguity.
Claim 51 recites “wherein the receiving the second content from the second web server comprises sending, by the second device to a second web server over the Internet…”, Examiner suggests to amend as “wherein the receiving the second content from a second web server comprises sending, by the second device to the second web server over the Internet…”.
Appropriate corrections are required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-7, 12, 14, 16-20, 22-25, 35 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 4-6, 9-13, 15-22 (hereafter “patent claim”) of U.S. Patent No. 12,294,481 in view of US 2009/0021790 issued to Krovitz et al. (Krovitz). Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claims 1, 15 teach the limitations of the examined claims 1, 25 (see claims comparison table below).
For instance, the patent claim 15 teach substantially the same limitations as those recited in the examined claim 1.
Furthermore, the patent claim 1 teach substantially the same limitations as those recited in the examined claim 25; with the only difference being terminology such as: the “consumer communication device”, “first server”; “first device, and an identifier of the first device”; “second device, and an identifier of the second device” in the examined claim that corresponds to the “first device” [i.e. the first device comprises a consumer communication device (see patent claim 13)], “server device”; “first client device, and first IP address of the first client device”; “second client device, and a second IP address of the second client device” in the patent claim. Thus, the patent claim teaches the examined claim except for the limitations “periodically communicating, by the consumer communication device with the first server over the Internet using the RF communication; executing, by the consumer communication device, an application” which is taught by Krovitz [i.e. computing system 500 includes a communication interface 524 which used to allow communication to be transferred between devices (include server device, client device, and so on); and the interface 524 can include a modem, wireless medium, RF link, etc.; and a client is a web client running a web browser program (see Krovitz, 0002, 0046, 0050)]; and “identifying, as part of the executing of the application, first, second, and third contents” [i.e. the identifying step is inherently required to be performed prior to the step of sending first/second/third requests to the first/second/third devices for receiving or inquiring the first/second/third content]; and “receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device; sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content” [i.e. these steps are described as being repeated to receive first content from a first device and second content from a second device; accordingly, a person of ordinary skill would understand the steps to be equally applicable to receiving third content from a third device].
Therefore, it would have been obvious to one ordinary skill in the art before the effective filling date of the claims invention to include the features of Krovitz with the teachings of 12,294,481 in order to provide efficient data communication. One ordinary skill in the art would have been motivated to combine the teachings in order to improve data communication speed and bandwidth efficiency.
The examined claims 2-4, 6-7, 12, 14, 16-20, 22-24, 35 recite limitations similar to those of the patent claims 2, 4-6, 9-13, 16-20, 22, 21 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Examined claim 25
A method for receiving, by a consumer communication device that comprises a client device and that comprises a wireless modem for Radio-Frequency (RF) communication, for use with first and second devices and a first server that is not a client device, the method comprising:
periodically communicating, by the consumer communication device with the first server over the Internet using the RF communication;
executing, by the consumer communication device, an application;
identifying, as part of the executing of the application, first, second, and third contents;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a first device;
sending, by the consumer communication device using the RF communication to the first device over the Internet, a first request that comprises an identifier of the first content;
receiving, by the consumer communication device using the RF communication from the first device over the Internet, in response to the sending of the first request, the first content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a second device;
sending, by the consumer communication device using the RF communication to the second device over the Internet, a second request that comprises an identifier of the second content;
receiving, by the consumer communication device using the RF communication from the second device over the Internet, in response to the sending of the second request, the second content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device;
sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and
receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content.
Patent claim 15
The method according to claim 1, further comprising:
receiving, by the server device from the first device over the Internet, the sent first geographical location;
comparing, by the server device, the received first geographical location with the respective geographical location of each of the client devices in the group;
selecting, by the server device, in response to the comparing, the first client device from the group that is located in the first geographical location;
sending, by the server device to the first device over the Internet, the first IP address of the first client device;
receiving, by the server device from the first device over the Internet, the sent second geographical location;
comparing, by the server device, the received second geographical location with the respective geographical location of each of the client devices in the group;
selecting, by the server device, in response to the comparing, the second client device from the group that is located in the second geographical location; and
sending, by the server device to the first device over the Internet, the second IP address of the second client device.
Patent claim 1
A method for use with a group of client devices, for use with a server device is not a client device and that stores a respective Internet Protocol (IP) address and a respective associated geographical location for each of the client devices in the group, for use with a first content that comprises a first audio or video content and that is identified by a first content identifier, and for use with a second content that comprises a second audio or video content and that is identified by a second content identifier, the method comprising:
sending, by a first device to the server device over the Internet, a first geographical location;
receiving, by the first device from the server device over the Internet, in response to the sending of the first geographical location, a first IP address of a first client device from the group that is associated with the first geographical location;
sending, by the first device to the first client device over the Internet, using the received first IP address, a first request that comprises the first content identifier;
receiving, by the first device from the first client device over the Internet, the first content, in response to the sending of the first request;
sending, by the first device to the server device over the Internet, a second geographical location;
receiving, by the first device from the server device over the Internet, in response to the sending of the second geographical location, a second IP address of a second client device from the group that is associated with the second geographical location;
sending, by the first device to the second client device over the Internet, using the received second IP address, a second request that comprises the second content identifier; and
receiving, by the first device from the second client device over the Internet, the second content, in response to the sending of the second request.
Claims 1-10, 12-19, 22-25 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 8-14, 16-23 (hereafter “patent claim”) of U.S. Patent No. 11,916,993. Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claim 1 anticipate the limitations of the examined claim 1 (see claims comparison table below). The patent claims teach substantially the same limitations as those recited in the examined claims; with the only difference being terminology such as: the “first device” in the examined claim that corresponds to the “consumer communication device” in the patent claim. Therefore, Examiner finds these claims to be patentably indistinct from each other.
The examined claims 2-10, 12-19, 22-24 recite limitations similar to those of the patent claims 2-6, 8-14, 16-23 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Patent claim 1
A method for use with a group of client devices, each located in a respective geographical location, the method comprising:
storing, in a server device, a respective Internet Protocol (IP) address of each of the client devices in the group;
receiving, by the server device from a consumer communication device over the Internet, a first geographical location;
comparing, by the server device, the received first geographical location with the respective geographical location of each of the client devices in the group;
selecting, by the server device, in response to the comparing, a first client device from the group;
sending, by the server device to the consumer communication device over the Internet, the IP address of the selected first client device;
receiving, by the server device from a consumer communication device over the Internet, a second geographical location;
comparing, by the server device, the received second geographical location with the respective geographical location of each of the client devices in the group;
selecting, by the server device, in response to the comparing, a second client device from the group; and
sending, by the server device to the consumer communication device over the Internet, the IP address of the selected second client device, wherein the server device is not a client device.
Claims 1-10, 12-16, 22-24 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 8-14, 16-20 (hereafter “patent claim”) of U.S. Patent No. 11,457,058. Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claim 1 anticipate the limitations of the examined claim 1 (see claims comparison table below). The patent claims teach substantially the same limitations as those recited in the examined claims; with the only difference being terminology such as: the “first device”; “server device”; “first client device”; “second client device” in the examined claim that corresponds to the “a device”; “first server”; “first client”; “second client” in the patent claim. Therefore, Examiner finds these claims to be patentably indistinct from each other.
The examined claims 2-10, 12-16, 22-24 recite limitations similar to those of the patent claims 2-6, 8-14, 16-20 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Patent claim 1
A method for use with a group of clients, each associated with a geographical location, for use with a first server, wherein the first server, and the clients in the group are communicatively coupled via the Internet and each is addressed in the Internet using an Internet Protocol (IP) address, the method comprising:
receiving and storing, by a first server, the IP addresses of the clients in the group, in response to a communication that is initiated by each of the clients in the group and uses TCP/IP protocol or connection;
receiving, by the first server from a device, a first geographical location;
selecting, by the first server, a first client from the group based on comparing the first geographical location with the respective geographical location of each of the clients in the group;
sending, by the first server to the device, the IP address of the selected first client;
receiving, by the first server from the device, a second geographical location;
selecting, by the first server, a second client from the group based on comparing the second geographical location with the respective geographical location of each of the clients in the group; and
sending, by the first server to the device, the IP address of the selected second client.
Claims 1, 3-10, 12-19, 22-24 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-4, 6-19, 21-23 (hereafter “patent claim”) of U.S. Patent No. 12,021,914. Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claims 1, 11 anticipate the limitations of the examined claim 1 (see claims comparison table below). The patent claims teach substantially the same limitations as those recited in the examined claim; with the only difference being terminology such as: the “first device” in the examined claim that corresponds to the “consumer communication device” in the patent claims. Therefore, Examiner finds these claims to be patentably indistinct from each other.
The examined claims 3-10, 12-19, 22-24 recite limitations similar to those of the patent claims 2-4, 6-10, 12-19, 21-23 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Patent claim 11
The method according to claim 1, further comprising:
receiving, by the server device from the consumer communication device over the Internet, the first geographical location;
comparing, by the server device, the received first geographical location with the respective geographical location of each of the client devices in the group;
selecting, by the server device, in response to the comparing, the first client device from the group that is located in the first geographical location;
sending, by the server device to the consumer communication device over the Internet, the first IP address of the first client device;
receiving, by the server device from the consumer communication device over the Internet, the second geographical location;
comparing, by the server device, the received second geographical location with the respective geographical location of each of the client devices in the group;
selecting, by the server device, in response to the comparing, the second client device from the group that is located in the second geographical location; and
sending, by the server device to the consumer communication device over the Internet, the second IP address of the second client device.
Patent claim 1
A method for use with a group of client devices, each located in a respective geographical location, for use with a web server storing a web-page that is identified by a Uniform Resource Locator (URL), for retrieving, by a consumer communication device, the web-page, and for use with a server device that stores a respective Internet Protocol (IP) address of each of the client devices in the group, the method comprising:
sending, by the consumer communication device to the server device over the Internet, a first geographical location;
receiving, by the consumer communication device from the server device over the Internet, in response to the sending of the first geographical location, a first IP address of a first client device from the group that is located in the first geographical location;
sending, by the consumer communication device to the first client device over the Internet, using the first IP address, a first Hypertext Transfer Protocol (HTTP) request;
sending, by the consumer communication device to the server device over the Internet, a second geographical location;
receiving, by the consumer communication device from the server device over the Internet, in response to the sending of the second geographical location, a second IP address of a second client device from the group that is located in the second geographical location; and
sending, by the consumer communication device to the second client device over the Internet, using the second IP address, a second Hypertext Transfer Protocol (HTTP) request, wherein the server device is not a client device.
Claims 1, 25-26, 29-30, 32-36, 39-41, 43-51 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 4-6, 8-9, 11, 13-21, 24-29 (hereafter “patent claim”) of U.S. Patent No. 11,539,779. Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claims 1, 15 teach the limitations of the examined claims 1, 25 (see claims comparison table below).
For instance, the patent claims 1, 2, 8 teach substantially the same limitations as those recited in the examined claim 1; with the only difference being terminology such as: the “first device”, “server device”; “first client device, and IP address of the first client device”; “second client device, and IP address of the second client device” in the examined claim that corresponds to the “client device”, “third server”; “first device, and first device identifier”; “second device, and second device identifier” in the patent claims.
Furthermore, the patent claims 1, 17 teach substantially the same limitations as those recited in the examined claim 25; with the only difference being terminology such as: the “consumer communication device”, “first server”; “first device, and an identifier of the first device”; “second device, and an identifier of the second device” in the examined claim that corresponds to the “first device” [i.e. the first device comprises a consumer communication device (see patent claim 13)], “server device”; “first client device, and first IP address of the first client device”; “second client device, and a second IP address of the second client device” in the patent claim. Thus, the patent claim teaches the examined claim except for the limitations “executing, by the consumer communication device, an application; [i.e. executing, by the client device, an application (see patent claim 12)]; and “identifying, as part of the executing of the application, first, second, and third contents” [i.e. the identifying step is inherently required to be performed prior to the step of sending first/second/third requests to the first/second/third devices for receiving or inquiring the first/second/third content]; and “receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device; sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content” [i.e. these steps are described as being repeated to receive first content from a first device and second content from a second device; accordingly, a person of ordinary skill would understand the steps to be equally applicable to receiving third content from a third device]. Therefore, one ordinary skill in the art would have been motivated to combine the teachings in order to improve data communication speed and bandwidth efficiency.
The examined claims 26, 29-30, 32-36, 39-41, 43-51 recite limitations similar to those of the patent claims 4-6, 9, 11, 13-16, 18-21, 24-29 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Examined claim 25
A method for receiving, by a consumer communication device that comprises a client device and that comprises a wireless modem for Radio-Frequency (RF) communication, for use with first and second devices and a first server that is not a client device, the method comprising:
periodically communicating, by the consumer communication device with the first server over the Internet using the RF communication;
executing, by the consumer communication device, an application;
identifying, as part of the executing of the application, first, second, and third contents;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a first device;
sending, by the consumer communication device using the RF communication to the first device over the Internet, a first request that comprises an identifier of the first content;
receiving, by the consumer communication device using the RF communication from the first device over the Internet, in response to the sending of the first request, the first content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a second device;
sending, by the consumer communication device using the RF communication to the second device over the Internet, a second request that comprises an identifier of the second content;
receiving, by the consumer communication device using the RF communication from the second device over the Internet, in response to the sending of the second request, the second content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device;
sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and
receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content.
Patent claim 8
The method according to claim 2, wherein the first request comprises a first geographical location, and wherein the second request comprises a second geographical location.
Patent claim 2
The method according to claim 1, further comprising: sending, by the client device to the third server, a first request; and sending, by the client device to the third server, a second request, wherein the receiving of the identifier of the first device is in response to the received first request, and wherein the receiving of the identifier of the second device is in response to the received second request.
Patent claim 1
A method for fetching by a client device, that comprises a wireless modem for Radio-Frequency (RF) communication, a first content identified by a first Uniform Resource Locator (URL) stored in a first web server and a second content identified by a second URL stored in a second web server, for use with first and second devices and a third server, wherein each of the client device, the first and second devices and the third server is identified in the Internet using a respective identifier, the method comprising:
receiving, by the client device from the third server, the identifier of the first device;
establishing, by the client device a first connection, that is based on, or uses, the RF communication, with the first device using the received first device identifier;
receiving, by the client device from the first device, the first content using the first URL;
receiving, by the client device from the third server, the identifier of the second device;
establishing, by the client device a second connection, that is based on, or uses, the RF communication, with the second device using the received second device identifier; and
receiving, by the client device from the second device, the second content using the second URL.
Patent claim 17
The method according to claim 1, further comprising periodically communicating between the third server and the client device.
Patent claim 1
A method for fetching by a client device, that comprises a wireless modem for Radio-Frequency (RF) communication, a first content identified by a first Uniform Resource Locator (URL) stored in a first web server and a second content identified by a second URL stored in a second web server, for use with first and second devices and a third server, wherein each of the client device, the first and second devices and the third server is identified in the Internet using a respective identifier, the method comprising:
receiving, by the client device from the third server, the identifier of the first device;
establishing, by the client device a first connection, that is based on, or uses, the RF communication, with the first device using the received first device identifier;
receiving, by the client device from the first device, the first content using the first URL;
receiving, by the client device from the third server, the identifier of the second device;
establishing, by the client device a second connection, that is based on, or uses, the RF communication, with the second device using the received second device identifier; and
receiving, by the client device from the second device, the second content using the second URL.
Claims 1, 25-26, 29, 31-36, 39-41, 43-51 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 4-6, 8-9, 11, 13-16, 20-30 (hereafter “patent claim”) of U.S. Patent No. 10,958,768 in view of US 2009/0021790 issued to Krovitz et al. (Krovitz). Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claims 1, 15 teach the limitations of the examined claims 1, 25 (see claims comparison table below).
For instance, the patent claims 1, 2, 8 teach substantially the same limitations as those recited in the examined claim 1; with the only difference being terminology such as: the “first device”, “server device”; “first client device, and IP address of the first client device”; “second client device, and IP address of the second client device” in the examined claim that corresponds to the “client device”, “third server”; “first device, and first device identifier”; “second device, and second device identifier” in the patent claims.
Furthermore, the patent claims 1, 20 teach substantially the same limitations as those recited in the examined claim 25; with the only difference being terminology such as: the “consumer communication device”, “first server”; “first device, and an identifier of the first device”; “second device, and an identifier of the second device” in the examined claim that corresponds to the “first device” [i.e. the first device comprises a consumer communication device (see patent claim 13)], “server device”; “first client device, and first IP address of the first client device”; “second client device, and a second IP address of the second client device” in the patent claim. Thus, the patent claim teaches the examined claim except for the limitations “a wireless modem for Radio-Frequency (RF) communication; executing, by the consumer communication device, an application” which is taught by Krovitz [i.e. computing system 500 includes a communication interface 524 which used to allow communication to be transferred between devices (include server device, client device, and so on); and the interface 524 can include a modem, wireless medium, RF link, etc.; and a client is a web client running a web browser program (see Krovitz, 0002, 0046, 0050)]; and “identifying, as part of the executing of the application, first, second, and third contents” [i.e. the identifying step is inherently required to be performed prior to the step of sending first/second/third requests to the first/second/third devices for receiving or inquiring the first/second/third content]; and “receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device; sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content” [i.e. these steps are described as being repeated to receive first content from a first device and second content from a second device; accordingly, a person of ordinary skill would understand the steps to be equally applicable to receiving third content from a third device].
Therefore, it would have been obvious to one ordinary skill in the art before the effective filling date of the claims invention to include the features of Krovitz with the teachings of 10,958,768 in order to provide efficient data communication. One ordinary skill in the art would have been motivated to combine the teachings in order to improve data communication speed and bandwidth efficiency.
The examined claims 26, 29, 31-36, 39-41, 43-51 recite limitations similar to those of the patent claims 4-6, 9, 11, 13-16, 21-30 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Examined claim 25
A method for receiving, by a consumer communication device that comprises a client device and that comprises a wireless modem for Radio-Frequency (RF) communication, for use with first and second devices and a first server that is not a client device, the method comprising:
periodically communicating, by the consumer communication device with the first server over the Internet using the RF communication;
executing, by the consumer communication device, an application;
identifying, as part of the executing of the application, first, second, and third contents;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a first device;
sending, by the consumer communication device using the RF communication to the first device over the Internet, a first request that comprises an identifier of the first content;
receiving, by the consumer communication device using the RF communication from the first device over the Internet, in response to the sending of the first request, the first content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a second device;
sending, by the consumer communication device using the RF communication to the second device over the Internet, a second request that comprises an identifier of the second content;
receiving, by the consumer communication device using the RF communication from the second device over the Internet, in response to the sending of the second request, the second content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device;
sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and
receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content.
Patent claim 8
The method according to claim 2, wherein the first request comprises a first geographical location, and wherein the second request comprises a second geographical location.
Patent claim 2
The method according to claim 1, further comprising: sending, by the client device to the third server, a first request; and sending, by the client device to the third server, a second request, wherein the receiving of the identifier of the first device is in response to the received first request, and wherein the receiving of the identifier of the second device is in response to the received second request.
Patent claim 1
A method for fetching by a client device a first content identified by a first content identifier stored in a first web server and a second content identified by a second content identifier stored in a second web server, for use with first and second devices and a third server, wherein each of the client device, the first and second devices and the third server is identified in the Internet using a respective identifier, the method comprising:
providing, by the third server to the client device, the identifier of the first device;
establishing, by the client device a first connection with the first device using the provided first device identifier;
obtaining, by the client device from the first device, the first content;
notifying, by the client device to the third server, of the obtaining of the first content;
providing, by the third server to the client device, the identifier of the second device;
establishing, by the client device a second connection with the second device using the provided second device identifier;
obtaining, by the client device from the second device, the second content; and
notifying, by the client device to the third server, of the obtaining of the second content.
Patent claim 20
The method according to claim 1, further comprising periodically communicating between the third server and the client device.
Patent claim 1
A method for fetching by a client device a first content identified by a first content identifier stored in a first web server and a second content identified by a second content identifier stored in a second web server, for use with first and second devices and a third server, wherein each of the client device, the first and second devices and the third server is identified in the Internet using a respective identifier, the method comprising:
providing, by the third server to the client device, the identifier of the first device;
establishing, by the client device a first connection with the first device using the provided first device identifier;
obtaining, by the client device from the first device, the first content;
notifying, by the client device to the third server, of the obtaining of the first content;
providing, by the third server to the client device, the identifier of the second device;
establishing, by the client device a second connection with the second device using the provided second device identifier;
obtaining, by the client device from the second device, the second content; and
notifying, by the client device to the third server, of the obtaining of the second content.
Claims 1, 25-36, 39-41, 43-51 (hereafter “examined claim”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 4-6, 8, 10-22, 24-30 (hereafter “patent claim”) of U.S. Patent No. 11,949,729. Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the patent claims 1, 15 teach the limitations of the examined claims 1, 25 (see claims comparison table below).
For instance, the patent claims 1, 2, 8 teach substantially the same limitations as those recited in the examined claim 1; with the only difference being terminology such as: the “first device”, “server device”; “first client device, and IP address of the first client device”; “second client device, and IP address of the second client device” in the examined claim that corresponds to the “consumer communication device”, “third server”; “first device, and first device identifier”; “second device, and second device identifier” in the patent claims.
Furthermore, the patent claims 1, 30 teach substantially the same limitations as those recited in the examined claim 25; with the only difference being terminology such as: the “first server”; “first content”; “second content”; “third content” in the examined claim that corresponds to the “third server”; “first URL”; “second URL”; “third URL” in the patent claims. Thus, the patent claim teaches the examined claim except for the limitations “executing, by the consumer communication device, an application; [i.e. executing, by the consumer communication device, an application (see patent claim 9)]; and “identifying, as part of the executing of the application, first, second, and third contents” [i.e. the identifying step is inherently required to be performed prior to the step of sending first/second/third requests to the first/second/third devices for receiving or inquiring the first/second/third content].
The examined claims 26-36, 39-41, 43-51 recite limitations similar to those of the patent claims 4-6, 10-22, 24-29 and are therefore also rejected as dependent therefrom.
This is a non-statutory double patenting rejection.
Examined claim 1
A method for use with multiple mobile client devices, each associated with a respective geographical location and addressed by a respective Internet Protocol (IP) address, the method comprising:
receiving, by a server device that is not a client device, from a first device over the Internet, a first geographical location;
selecting, by the server device, in response to the receiving of the first geographical location, a first client device out of the multiple client devices, that is associated with the first geographical location;
sending, by the server device to the first device over the Internet, the IP address of the selected first client device, in response to the selecting of the first client device;
receiving, by the server device from the first device over the Internet, a second geographical location;
selecting, by the server device, in response to the receiving of the second geographical location, a second client device out of the multiple client devices, that is associated with the second geographical location; and
sending, by the server device to the first device over the Internet, the IP address of the selected second client device, in response to the selecting of the second client device.
Examined claim 25
A method for receiving, by a consumer communication device that comprises a client device and that comprises a wireless modem for Radio-Frequency (RF) communication, for use with first and second devices and a first server that is not a client device, the method comprising:
periodically communicating, by the consumer communication device with the first server over the Internet using the RF communication;
executing, by the consumer communication device, an application;
identifying, as part of the executing of the application, first, second, and third contents;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a first device;
sending, by the consumer communication device using the RF communication to the first device over the Internet, a first request that comprises an identifier of the first content;
receiving, by the consumer communication device using the RF communication from the first device over the Internet, in response to the sending of the first request, the first content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a second device;
sending, by the consumer communication device using the RF communication to the second device over the Internet, a second request that comprises an identifier of the second content;
receiving, by the consumer communication device using the RF communication from the second device over the Internet, in response to the sending of the second request, the second content;
receiving, by the consumer communication device from the first server over the Internet using the RF communication, an identifier of a third device;
sending, by the consumer communication device using the RF communication to the third device over the Internet, a third request that comprises an identifier of the third content; and
receiving, by the consumer communication device using the RF communication from the third device over the Internet, in response to the sending of the third request, the third content.
Patent claim 8
The method according to claim 2, wherein the first request comprises a first geographical location, and wherein the second request comprises a second geographical location.
Patent claim 2
The method according to claim 1, further comprising: sending, by the consumer communication device to the third server over the Internet using the RF communication, a first request; and sending, by the consumer communication device to the third server over the Internet using the RF communication, a second request, wherein the receiving of the identifier of the first device is in response to the sending of the first request, and wherein the receiving of the identifier of the second device is in response to the sending of the second request.
Patent claim 1
A method for receiving, by a consumer communication device that comprises a wireless modem for Radio-Frequency (RF) communication, a first content that is identified by a first Uniform Resource Locator (URL) and is stored in a first web server and a second content that is identified by a second URL and stored in a second web server, for use with first and second devices and a third server, the method comprising:
periodically communicating, by the consumer communication device with the third server over the Internet using the RF communication;
receiving, by the consumer communication device from the third server over the Internet using the RF communication, an identifier of the first device;
sending, by the consumer communication device over the Internet using the RF communication, the first URL;
receiving, by the consumer communication device from the first device over the Internet using the RF communication, in response to the sending of the first URL, the first content;
receiving, by the consumer communication device from the third server over the Internet using the RF communication, an identifier of the second device;
sending, by the consumer communication device over the Internet using the RF communication, the second URL; and
receiving, by the consumer communication device from the second device over the Internet using the RF communication, in response to the sending of the second URL, the second content, wherein the third server is not a client device.
Patent claim 30
The method according to claim 1, further for use with a third device and further for use with a third content that is identified by a third Uniform Resource Locator (URL) and is stored in a third web server, the method further comprising:
receiving, by the consumer communication device from the third server over the Internet using the RF communication, an identifier of the third device;
sending, by the consumer communication device over the Internet using the RF communication, the third URL; and
receiving, by the consumer communication device from the first device over the Internet using the RF communication, in response to the sending of the third URL, the third content.
Patent claim 1
A method for receiving, by a consumer communication device that comprises a wireless modem for Radio-Frequency (RF) communication, a first content that is identified by a first Uniform Resource Locator (URL) and is stored in a first web server and a second content that is identified by a second URL and stored in a second web server, for use with first and second devices and a third server, the method comprising:
periodically communicating, by the consumer communication device with the third server over the Internet using the RF communication;
receiving, by the consumer communication device from the third server over the Internet using the RF communication, an identifier of the first device;
sending, by the consumer communication device over the Internet using the RF communication, the first URL;
receiving, by the consumer communication device from the first device over the Internet using the RF communication, in response to the sending of the first URL, the first content;
receiving, by the consumer communication device from the third server over the Internet using the RF communication, an identifier of the second device;
sending, by the consumer communication device over the Internet using the RF communication, the second URL; and
receiving, by the consumer communication device from the second device over the Internet using the RF communication, in response to the sending of the second URL, the second content, wherein the third server is not a client device.
Allowable Subject Matter
Claims 1-51 would be allowable if rewritten to overcome the objection(s) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims and if the double patenting rejections are overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure (see PTO-892).
US 2010/0042724 issued to Jeon et al., teaches allowing a web server of a contents provider directly provide contents requested by a client located in proximity to the web server.
US 2006/0212584 issued to Yu et al., teaches accelerating downloading and displaying of content in web pages in a peer-to-peer network.
US 2006/0212542 issued to Fang et al., teaches a client downloads content from a peer node in a peer-to-peer network
Correspondence Information
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/MINH CHAU NGUYEN/Primary Examiner, Art Unit 2459